Legal Question in Real Estate Law in Indiana

charging for work done as tenant

We moved into a house in 04/02. we talked to the landlady and told her we were trying to buy a house, and that we wern't sure if we'd be there the whole year. she said no problem. while we were there, we replaced the bath floor, installed new tile in the bath, painted all 5 rooms, including the ceiling, put up a privacy fence,leveled out the yard that the landlord tore up replacing a water line, and then we installed sod to the entire yard. Now we bought a house in nov. 02,and told her that we had done so. we agreed to pay the whole month of nov. and she was cool with that.she told us that when she rented the house we would get our deposit back. so the house was rented, 02/03. so we called and asked about our deposit and she said that we left the house in bad shape, and that we left before the lease was up and that we owed her money for the two months it sat empty. Now,we did not charge for any of the improvements,nor did it get taken off our rent. My question is can i send her a bill for our services/improvements that we did? Also, she didn't even try to contact us about the issues untill we called to ask about our deposit. So i just wanted to know if can send them a bill, or call it even, at the least? thank you.


Asked on 2/15/03, 3:32 pm

1 Answer from Attorneys
John Bator Bator Redman & Shive

Re: charging for work done as tenant

I assume you had a lease that ran for two months after you vacated. If so, you owe for the rest of the rent. Absent an agreement, it is difficult to claim improvements as a setoff against rent. If your lease provided for compensation for improvements or you had a specific agreement with the landlady, you could"call it even" Otherwise you run the risk of being sued for the back rent and trying to convincea small claims court judge that you are entitled to a setoff since the landlady was unjustly enriched by your improvements.

Ind law says the landlady must reurn your deposit within 30 days of lease end-if she keeps any of it she must provide written documentation of any repairs

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Answered on 2/18/03, 10:21 am


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